Parties in Condos – Who is Liable When Alcohol Involved

Denise Lash from the law firm Heenan Blaickie LLP wrote:

Drinking and driving.  The dangers are widely known but the problem persists.  Its something we all need to be conscious of when attending events where alcohol may be served.  Accidents caused by impaired drivers can have devastating consequences on all involved.   In 2006, the Supreme Court of Canada weighed in on one such case (as reported by cbc.ca) and the decision has had important implications for condominium residents since that time.

The events giving rise to the case were tragic.  A couple hosted a new year’s eve party at their house.  It was a “BYOB” event– bring your own booze.   One of the guests drank excessively.  The hosts were not aware he was impaired, nor was there evidence that they had served him drinks.   Shortly after midnight, the guest left the party and was in a head-on collision with another vehicle carrying four people.  One of those passengers was killed and the other three were seriously injured.  Of those three passengers, Zoe Childs, was left paralyzed from the waist down.  The guest was convicted of various criminal offences and received a sentence of ten years.  Ms. Childs sued the guest, as well as the two hosts of the party.  The Supreme Court denied Ms. Childs’ claim against the two hosts, deciding that as a general rule, the host of a private party where alcohol is served (referred to as “social host” in legal terms) is not liable to a member of the public for injuries caused by a guest, unless the host was actively involved in creating or contributing to the event that caused the injury (the Court was clear that simply hosting a party where alcohol is served was insufficient in this regard). Read More Here……

Its very unfortunate that we are living in a society where “special needs” families are not being accommodated or considered in high rise condos (multi-family living environments) other than a ramp and/or handicap parking.  Special considerations need to be taken into account for proper sound and noise barriers in these properties, not only to deal with the standard noise of stereo/tv systems/loud voices etc. but also to allow special needs families to live freely with their private comforts in their own homes without worries that behaviours resulting from their disability are effecting neighbours and potentially causing hardships and disputes among neighbours.   City Council must reassess  and increase the sound proofing standards in condominiums to comply with all situations

discomforts forcing irreparable problems and dispute.

There was only one Mayoral Candidate that came up with an answer to “will there be Municipal By-Laws in place to govern rooming house situations in condo units.

How many Candidates understand Condominiums and Condominium lifestyles? If you are a Condo Owner; think about that before going to the Polls. There has been a tremendous amount of changes in the last 12 years (since 1998 condo act revisions) and substantial construction of high rise condo buildings. Are the buildings codes being adjusted to proven problems; ie increased soundproofing measures, security and safety, warranty provisions etc. These items have to be addressed.

COA had a meeting with John Campbell, CEO Toronto Waterfront. We would like to hear public opinion on the revitalization of the Waterfront. Let us know if you live in one of the Condos or north of the Gardiner

Maintenance Fees

Maintenance Fees have been hit the hardest this year with the implementation of HST on operating budgets for condominiums.  Every condo in Ontario had to increase their budgets by 8% just to cover the largest Tax Grab the Province has ever implemented.

Transit system in Toronto – TTC & Go Transit

The City of Toronto is experiencing high density of traffic but not only cars.  The TTC has plans for expansion and increased streetcars/buses but is this effective to Condo Owners when there is so much construction and increased population in the downtown Toronto core.  We have reports of owners able to walk their routes faster than streetcars since they are backed up in heavy traffic situations.  On the other side; Go Transit is working to provide a new rail system – Union Station to the Georgetown corridor.  This is a huge benefit to downtown Toronto dwellers as long as the Province recognizes that we need “electric trains” and not “diesel” trains; a whole new advantage in transportation is on its way.

COA needs your suggestions on Condo Issues

Condo Owners Association, COA needs your suggestions for ongoing issues relating to Condo Owners, the  Condo Act and new improved standards on building requirements for condominiums.   There are a number of influences effecting increases on maintenance fees.  Studies COA has conducted relate to the negative impact of the HST on the operating budgets forcing condo fees to have an estimated 8% increase to cover standards costs which would generally only have had a 5% GST related tax.  There is also constant concern on Tax assessment and the increasing Tax dollars for condominium units.  When you consider that condos are being assessed the same percentages as single family dwellings and the same mill rates apply;  the question is… Is this structure acceptable to condo unit owners when you consider they have no land value attached to their unit values.

We would appreciate your blog to identify these concerns as being key issues.  COA is moving forward in your condo community with positive impacts and changes ie. the Condo Act.   There are well over 1 million condo owners in Ontario and the majority are located in Toronto.  Our united voice can make positive changes for all condo owners.

The Founder of COA Ontario is Linda Pinizzotto,  a 31 year Veteran Realtor; Political Action Chair involved with CREA, 2nd Vice President Real Estate Board and President of 2 Condo Board of Directors for Tridel Buildings, The Icon and Element.  Several months after Linda was elected as the President of the Trinity-Spadina Condo Owners Association she realized that a Province-wide Association to represent Condo Owners across Ontario was needed “to provide a cohesive unite voice to all levels of government.”    An Association in one local riding would not have the impact needed to review major issues of concern and seek changes to better represent the condo community.    What began with Local MPP of Trinity Spadina Rosario  Marchese who saw the need for an Association in his riding to support Condo Owners and to address the shortfalls of the Condo Act and advocate change became a province wide misison.

Under Linda’s vision and guidance, the structure for COA Ontario was created to form Chapters across the Province representing the Local Cities and Counties.  Each City or County would then have districts which run parallel with the local ridings/wards.  This concept allows the COA Committees of each district to work cohesively with the Local Councillor, MPP and MP’s of that particular riding.

COA Toronto is the 1st Chapter of COA Ontario and Trinity-Spadina is the 1st District of COA Toronto.   Trinity-Spadina has over 50,000 Condo Owners, one of the highest density of Condo Dwellers across Toronto which continues to grow with new construction high rise sites.  It is estimated that there are well over 1 Million Condo Owners in Ontario and it won’t be long before everyone is a member of COA.

The Condo Owners Association Toronto (also known as COA Toronto) is the First Chapter of the provincial Condo Owners Association Ontario (also known as COA Ontario). It has been launched under  COAOntario, the registered non-profit  association representing ALL Condo Owners in Ontario.  Toronto has many districts of the City of Toronto.  They have been divided to coordinate with the local Political Wards in order to create a presence within the community and work closely with the Councillor, MP and MPP of each respective Ward.

COA Ontario and all COA Chapters throughout the Province to include COA Toronto was formed to address the shortfalls of the Condo Act as per Bill 186 and to advocate change by creating a strong and persuasive voice in the community to all levels of Government.   The Condo Owners Association (commonly known as COA) represents all Condo Owners registered through their independent Condo Corporations.  Please take a moment and review of our site for more information on COA.  If you have any questions, please feel free to contact us at anytime.